Mediation is not an appropriate dispute resolution option in the following circumstances:
- The dispute involves a point of law, the interpretation/construction of a document, the necessity for an urgent injunction, or in disputes when an allegation of fraud or other commercially disruptive conduct is made
- The disputants have a history of mutual intimidation, violence or acrimony
- The disputants have agreed to establish a legal or public precedent
- There is an imbalance of power, social or financial position between the disputants
- A statutory time limitation or deadline expiry date is imminent
Mediation does not suspend the operation of a statutory time limitation.
It is recommended you obtain legal advice on this important legal principle in the possible event that mediation fails and you are obliged to litigate.